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2023 Supreme(Gau) 1376

M. R. PATHAK, MITALI THAKURIA
Musstt. Naima Begum, W/O- Abdul Hoque – Appellant
Versus
Union Of India, Rep. By The Secy. To The Govt. Of India, Ministry Of Home Affairs, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Md. Giash Uddin, Mr. H.I.Choudhury, Ms. M. Buragohain.
For the Respondent: Mr. C. S. Baruah, CGC, Mr. J. Payeng, Mr. P. Sharma

JUDGMENT :

Mitali Thakuria, J.

Heard Md. Gias Uddin, learned counsel for the petitioner and Mr. C. S. Baruah, learned CGC for the respondent No. 1. Also heard Mr. J. Payeng, learned Standing counsel, Home Department Assam for the respondents Nos. 2, 4 & 5 as well as Mr. P. Sharma, learned Additional Senior Government Advocate Assam for the respondent No. 3.

2. Pursuant to a reference made by the Superintendent of Police (Border), Nagaon vide IM(D)T Case No. 1218/2004, initially a case being No. FT/H/2020/2012 was registered against the petitioner, namely, Musstt. Naima Begum, before the Foreigners’ Tribunal, Hojai where notice of the case was issued to her on 13.12.2012. On receipt of notice of the case the petitioner on 18.04.2015 submitted her written statement in said Case No. FT/H/2020/2012 along with some Photostat copies to prove her nationality. On 23.07.2015, the petitioner submitted her evidence in chief along with certain documents in support of her Indian nationality.

3. As the matter relates to Jamunamukh Police Station, therefore, on 20.08.2015 the said Case No. FT/H/2020/2012 was transferred to the Foreigners’ Tribunal, No. 10th at Sankardev Nagar, Hojai, wherein, the sam

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